Legal Opinion
Roe v. New York
District Court, S.D. New York
Decided March 27, 1970No. 70 Civ. 457PublishedCited by 13 opinions
1Opinion of the Court
WYATT, District Judge.
This is a motion for defendants for an order dismissing the complaint “for failure of the infant plaintiffs herein to state their true names in the title thereof”. The motion is said to be under Fed.R.Civ.P. 10(a).
The complaint and the motion raise a novel question: whether an action can be commenced in a federal court by the filing of a complaint in which the names of all plaintiffs are fictitious.
The complaint was filed on February 4, 1970. It is stated that there are four plaintiffs, boys from fourteen to sixteen years old, who are in custody at training schools of…
2Cases cited4 opinions
- Poe v. UllmanSupreme Court of the United States · 1961
- Doe v. ShapiroDistrict Court, D. Connecticut · 1969
- Buxton v. UllmanSupreme Court of Connecticut · 1959
- Doe v. KurtisDistrict Court, S.D. New York · 1969
3Cited by13 opinions
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
- Doe v. Provident Life & Accident InsuranceDistrict Court, E.D. Pennsylvania · 1997
- Doe v. RostkerDistrict Court, N.D. California · 1981
- Doe v. DeschampsDistrict Court, D. Montana · 1974
- Coe v. United States District Court for District of ColoradoCourt of Appeals for the Tenth Circuit · 1982
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